Asthma decisions — 2018

The Veteran's service-connected diabetes mellitus type 2 is found to be the primary cause of his COPD, coronary artery disease, peripheral vascular disease of both lower extremities, and hypertension. The initial rating for diabetes mellitus type 2 has been granted at 20 percent.

The Board denied the Veteran's claim for service connection for a respiratory disorder, including bronchitis and asthma, due to asbestos exposure. The evidence did not establish that the Veteran had a chronic respiratory disorder during active service or within one year of separation from active service, nor was it presumed to have so been incurred.

The Veteran's asthma rating was reduced from 30% to 10%, but the Board found this reduction improper and restored the original 30% rating.

The Board has granted service connection for a left ankle disability, but the claims of asthma and sleep apnea remain pending as they were not decided in this decision.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional opinions regarding his low back condition, left shoulder injury, neck condition, and dizziness or balance issues.

The Board has decided that the Veteran's sleep apnea is not service-connected as secondary to his service-connected respiratory disorders and PTSD, and thus remanded for further development.

The Veteran's service-connected obstructive sleep apnea is rated at 50 percent, and the Board finds that a higher rating is not warranted as his predominant disability is asthma. The Veteran does not meet the criteria for a higher rating due to chronic respiratory failure or tracheotomy.

The Board has reopened the previously denied claims for asthma, bilateral hearing loss, tinnitus and sleep apnea. The claim for service connection of an acquired psychiatric disorder is denied as there is no evidence linking current diagnoses to in-service events or occurrences.

The Board has granted service connection for asthma. The cases of lumbar spine disorder, left knee disorder, and acquired psychiatric disorder (including PTSD and Depression) are remanded due to the need for additional development.

The Board has decided to remand the case due to insufficient rationale in the VA examiner's opinion regarding the Veteran's service connection claim for sleep apnea. The examiner needs to provide a more comprehensive and reasoned opinion.

The Veteran's asthma is related to service and the Board has granted service connection for this condition.

The Veteran's asthma was rated at 30 percent prior to March 30, 2007 and remains rated at 30 percent thereafter. The Board found that the evidence did not meet the criteria for a higher rating under either the old or new DC 6602 criteria.

The Veteran's depressive disorder is granted as secondary to service-connected sinusitis. Service connection for asthma, GERD, urticaria of the upper and lower extremities, and COPD are denied.

The Board denied service connection for COPD, asthma (claimed as chronic cough), and sleep apnea. The evidence did not establish a direct link between these conditions and the Veteran's military service or any environmental exposures.

The Veteran's claims for service connection for asthma, bilateral hearing loss, residuals of a traumatic brain injury, and an acquired psychiatric disorder (including major depressive disorder) were denied. The decision also noted that the Veteran did not have a current diagnosis of a traumatic brain injury or an acquired psychiatric disorder to include a major depressive disorder.

The Veteran's claims for earlier effective dates for service connection have been denied.,Increased ratings and TDIU are also remanded.

Service connection is denied for shin splints, left leg and right leg.,Service connection is denied for gout in the left foot, left ankle, left knee, and right knee.

The Veteran's appeal was dismissed due to their death. The Board has no jurisdiction to adjudicate the merits of this appeal as the appellant died during the pendency of the appeal.

The Veteran's claims for earlier effective dates for service connection are denied as the earliest date of entitlement is April 16, 2013, which is the day following his discharge from active duty.,The Veteran's claims for earlier effective dates for service connection are denied as the earliest date of entitlement is April 16, 2013, which is the day following his discharge from active duty.

The Board has remanded the case due to insufficient medical records related to the Veteran's cause of death, and a VA examiner is needed to assess whether there is any relationship between the Veteran’s cause of death and his military service.